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Supreme Court of India

ASHWINI KUMAR UPADHYAY ETCversusUNION OF INDIA AND OTHERS

Citation
2023 INSC 35
Decided
13 January 2023
Disposal
Disposed off

Holding

The Supreme Court transferred WP (C) No. 8905 of 2019 from the Delhi High Court to itself and disposed of the transfer petitions.

Summary

The petitioners sought transfer of a Delhi High Court writ petition (WP (C) No. 8905 of 2019) and a Rajasthan High Court civil writ (CW/13784/2019) to the Supreme Court to obtain uniformity in the minimum age of marriage for men and women across various statutes. The respondents informed the Court that the Rajasthan petition had been dismissed for want of prosecution. The Court noted that the substantive issue concerned the uniformity of the minimum marriage age and, in view of the dismissal of the Rajasthan case, ordered the transfer of the Delhi petition to the Supreme Court for adjudication. All pending applications, if any, were also disposed of. The order effectively granted the transfer and closed the transfer petitions.

Issues considered

  • Whether the Delhi High Court writ petition concerning uniformity of minimum age of marriage should be transferred to the Supreme Court
  • Procedural propriety of transferring a case when a related petition in another High Court has been dismissed

Subjects

minimum age of marriageuniformity of lawtransfer of petitionArticle 139ASupreme CourtDelhi High CourtRajasthan High Courtconstitutional law

Judgment

1014                       [2023]
                SUPREME COURT     3 S.C.R. 1014
                               REPORTS                       [2023] 3 S.C.R.


 A                   ASHWINI KUMAR UPADHYAY ETC.
                                         v.
                       UNION OF INDIA AND OTHERS
                  Transfer Petition (Civil) Nos 1249-1250 Of 2020
 B                              JANUARY13, 2023
            [DR. DHANANJAYA Y CHANDRACHUD, CJI AND
               PAMIDIGHANTAM SRI NARASIMHA, J.]
             Transfer Petition – Matters pertaining to uniformity in the
       minimum age of marriage for men and women in diverse legislations
 C
       – WP (C) No. 8905 of 2019 pending before the Delhi High Court
       transferred to Supreme Court.
            CIVIL ORIGINAL JURISDICTION : Transfer Petition (Civil)
       Nos.1249-1250 of 2020.
 D           Transfer Petition Under Article 139A (1) of the Constitution read
       with Order XLI of the Supreme Court Rules 2013, Seeking Transfer of
       Writ Petition (Civil) No.8905 of 2019 pending in the Delhi High Court
       and D.B. Civil Writ Petition No.13784 of 2019 pending in the High Court
       of Judicature for Rajasthan, Jodhpur.
            Rajshekhar Rao, Sr. Adv. (Amicus Curiae), Areeb Amanullah,
 E
       Ms. Mansi Sood, Ms. Zehra Khan, Advs.
             Tushar Mehta, SG, Suryaprakash V Raju, A.S.G., Ms. Sonia
       Mathur, Dr. Manish Singhvi, Sr. Advs., Mrs. Swarupama Chaturvedi,
       Shilp Agrawal, Ms. Saumya Kapoor, Ms. Rashmi Singhania, Ms. Ankita
       Chaudhary, Praneet Pranav, Ms. Vandana Sharma, Rajat Nair, Mrs.
 F     Rooh E Hina Dua, Digvijay Dam, Arvind Kumar Sharma, Gurmeet
       Singh Makker, Rooh E Hind Dua, Pratyush Srivastva, Ashok Basoya,
       Sandeep Kumar Jha, Arpit Prakash, Vikalp Sharma, Gaurav Agrawal,
       Advs. for the appearing parties.
             Ashwani Kumar Dubey, Petitioner-in-person
 G
             The following Order of the Court was passed :
                                    ORDER
             1. The petitioners seek the transfer of WP (C) No 8905 of 2019
       pending before the Delhi High Court and CW/13784/2019 pending before
       the Rajasthan High Court to this Court.
 H
                                        1014
  ASHWINI KUMAR UPADHYAY ETC. v. UNION OF INDIA                                   1015
                  AND OTHERS

       2. The issue which is raised in the main proceedings pertains to           A
uniformity in the minimum age of marriage for men and women in diverse
legislations.
      3. Dr Manish Singhvi, senior counsel appearing on behalf of the
respondents states that CW/13784/2019 has been dismissed for want of
prosecution by the Rajasthan High Court.                                          B
       4. In this backdrop, we dispose of the transfer petitions by
transferring WP (C) No 8905 of 2019 pending before the Delhi High
Court to this Court.
      5. Pending applications, if any, stand disposed of.
                                                                                  C

Divya Pandey                                    Transfer petitions disposed of.




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